What is the difference between a bequest maintenance agreement and a bequest

1. A bequest and maintenance agreement is a legal act of both parties, while a bequest is a unilateral legal act. A bequest and maintenance agreement is in the form of a contract, whereas an expression of intent to bequest is in the form of a will.

2. The bequest and maintenance agreement is a combination of the act that takes effect after death and the act that takes effect during life, while the bequest is an act that takes effect after death.

3. The supporter in the bequest and maintenance agreement must be a person with civil capacity or a collective organization, and the legatee in the bequest can be a person with civil capacity, a person without civil capacity or a person with limited civil capacity.

4. The bequest and maintenance agreement is a paid act, and the bequest is a gratuitous act.

5. The provisions of the Inheritance Law on the acceptance and waiver of rights by the legatee and the dependents in the bequest and maintenance agreement are different.

Legal basis: Article 16 of the Inheritance Law [General Provisions on Bequests] Citizens may make a will to donate their personal property to persons other than the state, collectives or legal heirs.

Article 31: [Bequest and Maintenance Agreement] Citizens may sign a bequest and maintenance agreement with their supporters. According to the agreement, the dependant undertakes the obligation of the citizen's birth, death and burial, and enjoys the right to receive the bequest. Citizens can sign bequest and maintenance agreements with collectively-owned organizations.

According to the agreement, the collective ownership organization undertakes the obligation of the citizen's birth, maintenance, death and burial, and enjoys the right to receive a bequest.

Hello, the difference between the two is mainly manifested in the following three points: First, the bequest and maintenance agreement is a legal act of both parties, and can only be established on the basis of voluntary agreement between the legatee and the supporter. Neither party can change or terminate it at will.

If one party wishes to change or terminate the term, the consent of the other party must be obtained. Whereas, a bequest is a unilateral legal act that does not require the consent of others to be legally effective. A bequest can not only be made ex parte, but can also be changed or withdrawn at any time.

Second, the bequest and maintenance agreement is remunerated and conditional, and it embodies the principle of consistency of rights and obligations. A bequest is an act in which the owner of the property bequeaths his property to the state, a collective, or an individual by way of a bequest during his lifetime, and it is not conditional on the legatee's obligation to support him. Third, a bequest and maintenance agreement takes legal effect from the date of the agreement, while a bequest takes legal effect from the date of the death of the legatee.

Legal basis] Article 1158 of the Civil Code A natural person may enter into a bequest and maintenance agreement with an organization or individual other than the heir. According to the agreement, the organization or individual undertakes the obligation of the natural person to support the dead and bury, and enjoys the right to receive a bequest.

What is the difference between a bequest maintenance agreement and a bequest?

A bequest and maintenance agreement is a contractual act, which requires the agreement of both parties, and is a non-formal legal act, a paid legal act, and has legal effect from the time it is concluded. A bequest is a unilateral legal act, a formal legal act, a gratuitous legal act, and takes effect from the time of the death of the legatee.

Legal Analysis: The differences between a bequest and maintenance agreement and a bequest are:

1. The bequest and maintenance agreement is bilateral, and the bequest is unilateral;

2. The legatee does not need to bear the obligation in the bequest, and the legatee bears the obligation of the natural person to support the death and bury the mountain in the bequest and maintenance agreement;

3. The bequest is in the form of a will, and the bequest and maintenance agreement is in the form of a contract.

Legal basis: Article 1133 of the Civil Code of the People's Republic of China.

Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint executors.

A natural person may make a will to designate his personal property with the royal middle class to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

A natural person may establish a testamentary trust in accordance with the law.

The differences between a bequest and maintenance agreement and a bequest are as follows: 1. The definition is different. Bequest refers to a legal system in which the testator uses a will to donate part or all of his personal property to persons other than the state, the collective and the legal heirs after death; A bequest and maintenance agreement refers to an agreement entered into between a citizen and a supporter or a collective-owned organization concerning the dependent's or collective-owned organization's obligation to assume the citizen's obligations of birth, support, death and burial, and to enjoy the right to receive a bequest; 2. The nature is different.

The bequest and maintenance agreement is a legal act of both parties and is a paid act; Bequest is a unilateral legal act, and the number of fights is a gratuitous act; 3. The main body is different. The dependant in the bequest and maintenance agreement must be a person with civil capacity or a collective organization; There is no restriction on the civil capacity of the legatee in a bequest.

Legal basis. Article 1158 of the Civil Code of the People's Republic of China: Natural persons may sign bequest and maintenance agreements with organizations or individuals other than heirs. According to the agreement, the organization or the person at the head of the organization bears the obligation to support the natural person's life, death and burial, and enjoys the right to be bequeathed.